Simms didn't make it to court Monday in the case. He's in the midst of Titans training in Nashville. A Manhattan judge agreed to excuse him but said he needs to be there Oct. 7 for a hearing and trial.
The Manhattan District Attorney's office had asked that a warrant be issued for Simms, but that request was denied by Judge Michael Yavinsky who said, "If Monday are bad because Sundays he works, let's not pick a Monday."
October 7 is a Thursday.
Police say Simms, who's 29, slurred his words and told them he'd been smoking marijuana before he was stopped at a checkpoint July 1. He has said he was just talking about cigarettes.
He faces charges including a misdemeanor count of driving while impaired by drugs.